SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

1999 Supreme(SC) 316

SUPREME COURT OF INDIA
B.N.Kirpal : S.R.Babu
Punjab National Bank, Rajpura Township
Versus
Amrit Industries
Case No. : 1506 of 1999
Date of Decision : 3/15/99

B.N.KIRPAL, J.

(1) LEAVE granted.

(2) THE appellant Bank had filed a suit against the respondents for the recovery of Rs.4,69,192.41p. Some documents had been filed which it appears were not exhibited though they were marked. After the evidence of the respondents was over, an application was filed by the appellant for leading additional evidence. The trial court allowed the same. The High Court in revision has interfered with that order, the result of which is that the liberty which was granted to the appellant by the trial court to lead additional evidence had been taken away.

(3) IN our opinion, this was not an appropriate case where the High Court should have interfered under Section 115 CPC. It cannot be said that the order passed by the trial court was without jurisdiction or suffered from any such error which warranted interference of the High Court under Section 115 CPC. Such interference by the revisional courts during the course of trial only prolongs litigation and it is not in the interest of the parties that the trial of the cases should prolong. As far as the respondents are concerned, it is always open to the respondents to take such pleas in appeal if the decree goes against the respondents.

(4) IN view of the fact that the High Court ought not to have interfered under Section 115 CPC, we allow this appeal, set aside the judgment of the High Court and restore the order of the trial court.

(5) NO costs.

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top